Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1494 of 2021 Petitioner :- Fariduddin Shaikh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arvind Kumar Upadhyay Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the revenue authorities i.e. respondent no.4 to remove the alleged encroachments made by respondent no. 6 over Plot No.490 which the petitioner alleges to be a Gaon Sabha property.
The Standing Counsel has received instructions, a copy of which has been handed over to the Court and is taken on record.
On the basis of his instructions, the Standing Counsel states that Case No.T202115060203704 under Section 67 of the U.P Revenue Code, 2006 has already been registered for removal of encroachment over Plot No.490.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Tehsildar, Tehsil Nizamabad District Azamgarh shall decide Case No.T202115060203704 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 20.9.2021 IB